Ferri, Delia and Broderick, Andrea (2019) The European Court of Human Rights and the Human Rights Model of Disability: Convergence, Fragmentation and Future Perspectives. In: European Yearbook on Human Rights 2019. Intersentia, pp. 261-294. ISBN 978-17-8068-854-1
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Abstract
Th e adoption of the United Nations Convention on the Rights of Persons with
Disabilities (CRPD) marked a paradigm shift in the fi eld of international human
rights law, recognising people with disabilities as holders of human rights
(as opposed to passive benefi ciaries of charity and rehabilitation). Since its entry
into force, the CRPD has played a crucial role in the advancement of disability
equality within the European human rights system. In the Council of Europe
(CoE), the European Court of Human Rights (ECtHR or Strasbourg Court) has
slowly begun to apply a standard of protection of disability rights similar to that
contained in the CRPD in certain areas, such as with regard to the interpretation
of the non-discrimination norm and, until recently, the right to education under
the European Convention on Human Rights (ECHR) and its Additional Protocols.
Th is indicates a certain level of convergence between the two legal systems.
However, in other fi elds, such as legal capacity, and, more generally, with
regard to the rights of persons with intellectual and psychosocial disabilities,
the approach of the Strasbourg Court diverges quite considerably from the
interpretation accorded to the CRPD by the Committee on the Rights of
Persons with Disabilities (CRPD Committee) in its General Comments. Against
this background, this contribution analyses the most recent and, sometimes,
contentious case law of the ECtHR on disability, and discusses emerging and
future perspectives regarding the infl uence of the CRPD on the Strasbourg
Court ’ s jurisprudence. It contributes to the academic debate on the human rights
of persons with disabilities by refl ecting on the convergences and divergences
that are evident between the protection aff orded by the CRPD and the ECHR
(as interpreted by the ECtHR), and on the underlying rationale for those
convergences and divergences. Th is contribution analyses the extent to which the
ECtHR has shift ed towards the human rights model of disability embedded in
the CRPD and situates that discussion within the wider debate on fragmentation
in international law. In doing so, it ultimately refl ects on the willingness of the
ECtHR to incorporate progressive international human rights standards into its
jurisprudence.
Item Type: | Book Section |
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Keywords: | European Court of Human Rights; Human Rights Model; Disability; Convergence; Fragmentation; Future Perspectives; European Yearbook on Human Rights; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 19724 |
Depositing User: | Delia Ferri |
Date Deposited: | 22 Apr 2025 14:56 |
Publisher: | Intersentia |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19724 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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